Slashdot Mirror


Trans-Pacific Partnership Includes Unwanted Elements of SOPA

New submitter Error27 writes "Last month Wikileaks leaked a draft of the Trans-Pacific Partnership treaty. Here is Congresswoman Zoe Lofgren's response to the leaked documents. She points out that there several troubling issues with the trade agreement. It locks countries into extremely long copyright terms. It limits fair use. It includes DRM provisions which would make it illegal to unlock your cell phone. These laws come from the Stop Online Piracy Act (SOPA) which Americans already rejected."

129 comments

  1. Well, duh by 0123456 · · Score: 4, Insightful

    This is how things work these days: if you can't get a law passed in your country, you convince other governments to make it part of a treaty, then blame them when the treaty is passed.

    1. Re:Well, duh by Jane+Q.+Public · · Score: 0

      "This is how things work these days: if you can't get a law passed in your country, you convince other governments to make it part of a treaty, then blame them when the treaty is passed."

      It's not quite that simple. In the U.S., it still has to be ratified by the Senate, AND even if they do, it is not law if it conflicts with the Constitution.

      (IANAL, but MANY legal experts and court decisions say that a treaty does not have authority to trump the Constitution.)

    2. Re:Well, duh by Anonymous Coward · · Score: 0, Insightful

      The DNC just said that presidental appointments no longer need 60 votes, it only needs 50. There is nothing stopping them from doing the same with treaties.

      We have gotten to the point where the two parties no longer prevent each other from doing stupid things, if the House is not involved the DNC can do whatever they want. Glad you all voted the way you did in order to make this possible!

    3. Re:Well, duh by JaredOfEuropa · · Score: 2

      That is pretty much how the EU works. Of course the bothersome part of passing a treaty has already happened; one merely has to get the eminently undemocratic EU bureaucracy to pass a bill. Here in NL several parties have pushed to get something that doesn't sit well with their own constituents passed in the EU. All so they can still claim to be against X, but "the EU is forcing us". Bonus points for those parties claiming to be critical of the EU, of course.

      By the way, I am glad Lofgren is still on top of this issue, across the pond..

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    4. Re:Well, duh by FridayBob · · Score: 1

      Yes, but America has far more economic influence and our representatives must also agree to those heinous provisions. The problem is that it's no longer us that they represent: it's their donors, and they're the ones who keep pushing for those provisions. However, these and other seemingly intractable problems will fix themselves as long as we first get big money out of politics.

    5. Re:Well, duh by icebike · · Score: 4, Informative

      It's not quite that simple. In the U.S., it still has to be ratified by the Senate, AND even if they do, it is not law if it conflicts with the Constitution.

      That's hardly the point.
      The constitution mentions nothing about unlocking cell phones or copyright length.
      Those are merely provisions in US LAW.
      Treaties can and DO override US Law all the time.

      When the President and two thirds of the Senate concur that a treaty can invalidate some sections of US Code, that code is toast, unless the treaty tried to override the amendments 1 thru 8 which specifically limit federal power.

      In spite of the 10th amendment, it is clear that the founders intended the Federal Government to acquire additional powers under the Treaty power, and specifically mentioned in "The Necessary and Proper Clause" of Article 1.

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

      Treaties do have major implications under U.S. domestic law. In Missouri v. Holland, the Supreme Court ruled that the power to make treaties under the U.S. Constitution is a power separate from the other enumerated powers of the federal government, and hence the federal government can use treaties to legislate in areas which would otherwise fall within the exclusive authority of the states.

      See more here: http://en.wikipedia.org/wiki/Treaty_Clause and here: http://tenthamendmentcenter.com/2013/11/13/can-treaties-override-the-constitution

      --
      Sig Battery depleted. Reverting to safe mode.
    6. Re:Well, duh by Anubis+IV · · Score: 2

      Huh. Well, how do we make it stop? Clearly voting isn't working.

    7. Re:Well, duh by Jane+Q.+Public · · Score: 1, Insightful

      That's hardly the point. The constitution mentions nothing about unlocking cell phones or copyright length. Those are merely provisions in US LAW. Treaties can and DO override US Law all the time.

      Yes, that WAS my point. One of them, anyway. In order to override ANY U.S. law, it first has to be ratified by the Senate.

      In spite of the 10th amendment, it is clear that the founders intended the Federal Government to acquire additional powers under the Treaty power, and specifically mentioned in "The Necessary and Proper Clause" of Article 1.

      Absolute BS. The "Necessary and Proper" clause only says that the Federal government can pass such laws as are necessary for it to implement and enforce the Constitution itself. It does NOT give the Federal government to enact laws that are not "necessary and proper" (and necessary is very much a key word) to other parts of the Constitution. That's a complete misinterpretation of what it means.

      If anything is "clear" from history it is that nothing that is not within the enumerated powers is within the purview of the Federal government, except those things that are "necessary and proper" to enforce the other enumerated powers.

      "Treaties do have major implications under U.S. domestic law. "

      And where did you got the idea that I thought they didn't? That isn't what I wrote at all.

      "In Missouri v. Holland, the Supreme Court ruled that the power to make treaties under the U.S. Constitution is a power separate from the other enumerated powers of the federal government, and hence the federal government can use treaties to legislate in areas which would otherwise fall within the exclusive authority of the states."

      This still doesn't contradict anything I wrote earlier. I have to wonder who you're arguing with.

      But since you brought it up, the Supreme Court ruled recently that corporations have First Amendment rights. Are you really going to quote them as some kind of Constitutional authority? Especially in recent years?

    8. Re:Well, duh by Anonymous Coward · · Score: 1

      The Constitution? What's that? Oh, is that what the members of the US Government wipe their asses with now?

    9. Re:Well, duh by Anonymous Coward · · Score: 1

      but America has far more economic influence

      Had. Past tense.

    10. Re:Well, duh by ebno-10db · · Score: 1

      make it part of a treaty

      This is not a treaty, where ratification requires 2/3 of the senate. If accepted by the US it will be a congressional-executive agreement, which can be passed in the same way as an ordinary law. I think the distinction is bogus, but since CEA's have been accepted and approved by the courts since the Jefferson administration, I don't think they're going away.

    11. Re:Well, duh by Anonymous Coward · · Score: 0

      You seem to false presume that only the US wants these provisions. Japanese companies and European ones want them as well.

    12. Re:Well, duh by Jane+Q.+Public · · Score: 1

      Look... here's my point: as your own source (Tenth Amendment Center) says, there are some suggestions in history that Congress could, in a few select ways, use their power to grab authority that the Constitution does not explicitly give. However, the one example they give of that -- a treaty with the Netherlands -- runs afoul of the First Amendment, which the same source says it may not do.

      So the one example they give is actually a contradiction of what they claimed earlier... that a treaty cannot override the first 8 Amendments.

      Further, it must be noted that the Constitution itself overrides the Articles of Confederation, under which that treaty was made.

      The real telling thing here is that the Supreme Court itself said that the Necessary and Proper clause (again, quoting your own source) restricts Federal action to things that are both "(1) subordinate to powers listed expressly and (2) connected to them by custom or reasonable necessity."

    13. Re:Well, duh by icebike · · Score: 4, Interesting

      True, but bringing it back to the topic at hand, poster 123456 above stated that if you "can't get a law passed in your country, you convince other governments to make it part of a treaty".

      And s/he is perfectly correct in this assessment, and that is exactly what the Trans-Pacific Partnership proponents are trying to do, and, as I pointed out, if ratified, this treaty becomes law (because it does not directly contradict the constitution).

      You replied that it was "Not quite that simple". But it is EXACTLY that simple.

      1) Get defeated in congress.
      2) Draft a treaty
      3) Get treaty ratified ...
      Profit.

      When the SOPA protest caused the bills to be pulled, it was most effective in the House of representatives.
      So Chris Dod and friends, are end-running the house all together. They get no say about a treaty.

      --
      Sig Battery depleted. Reverting to safe mode.
    14. Re:Well, duh by Anonymous Coward · · Score: 0

      Sort of like Christmas Fruitcake. It get passed around to everyone even though no one wants it.

    15. Re:Well, duh by FridayBob · · Score: 2

      Huh. Well, how do we make it stop? Clearly voting isn't working.

      See WOLF-PAC and help get big money out of politics. After that, voting will start to make a difference again.

      WOLF-PAC was launched in October 2011 for the purpose of passing a 28th Amendment to the U.S. Constitution that will end corporate personhood* and publicly finance all elections**. Since Congress won't pass such an Amendment on its own, the plan is to instead have the State Legislators (who tend not to be nearly as corrupt as those who run for federal office) propose it via an Article V Convention. At least 34 States need to cooperate for this to work, but already many have reacted with enthusiasm, most notably Texas, but now also Idaho and Kentucky. If successful, we should see a much more respectable group of politicians, not to mention a far more productive Congress, emerge within one or two election cycles.

      .

      *) The aim is not to end legal personhood for corporations, but natural personhood. The latter became a problem following the Citizens United v. Federal Election Commission ruling, which grated some of the rights of natural persons to corporations and makes it easier for them to lend financial support to political campaigns.

      **) At the State level, more than half of all political campaigns are already publicly financed in some way, so there's nothing strange about doing the same for political campaigns for federal office.

    16. Re:Well, duh by Anonymous Coward · · Score: 0

      This is how things work these days: if you can't get a law passed in your country, you convince other governments to make it part of a treaty, then blame them when the treaty is passed.

      Not quite, but close. If you can't get a law passed, you make it part of a SECRET back room deal/law/treaty where people are not allowed to know what is being legislated.

    17. Re:Well, duh by miroku000 · · Score: 1

      the plan is to instead have the State Legislators (who tend not to be nearly as corrupt as those who run for federal office) propose it via an Article V Convention.

      Why is it that they are less corrupt? Is it because they are more ethical or because they are not as effective for influencing policies that favor the people who want to spend money on bribes? If this was close to passing, wouldn't that shift things? I imagine that as an Evil Overlord of a large company's bribery division, I would then shift my focus to state officials in order to stop this from getting passed. A cynical person might point to places where they wanted to shift to using OpenOffice.org instead of Microsoft Office. It seems like large companies have tactical units that can be deployed to influence government on more local levels when it is in their best interests.

    18. Re:Well, duh by Anonymous Coward · · Score: 0

      But since you brought it up, the Supreme Court ruled recently that corporations have First Amendment rights. Are you really going to quote them as some kind of Constitutional authority? Especially in recent years?

      No, the Supreme Court did NOT rule that Corporations have any First Amendment rights. They ruled that people, who DO have First Amendment rights, do not lost those rights when they act as part of a group of people called a "corporation".

    19. Re:Well, duh by infinitelink · · Score: 1

      And then in the US "psychos" like me (i.e. pro-constitutionalists) insist that any who insists a treaty can override the Constitution or be excuse to infringe our rights is a domestic enemy and subject either to crimes about aiding foreign powers or about conspiracy against rights--it's the only way to go, either we start threatening these people--and those who pay them to do this--with real consequences or we get to soon be little more than slaves free in name only. I know it's dangerous but it's necessary to do.

      --
      Intelligent idiots are we. | Evil men do not understand justice.
    20. Re:Well, duh by FridayBob · · Score: 1

      Why is it that they are less corrupt? Is it because they are more ethical or because they are not as effective for influencing policies that favor the people who want to spend money on bribes?

      I strongly suspect the latter.

      If this was close to passing, wouldn't that shift things? I imagine that as an Evil Overlord of a large company's bribery division, I would then shift my focus to state officials in order to stop this from getting passed.

      They might give it a shot and they might succeed, but I don't think so. They would have to bribe an awful lot of legislators in a relatively short span of time. From wolf-pac.com:

      "Once an Article V. Convention has been called we will continue to put pressure on our Legislators to do exactly what they called the convention to do. There will be so much media attention at this point due to the historic nature of the event that no Legislator would dare propose an amendment that the vast majority of the country does not agree with. Once an Article V convention has proposed amendments, then they would have to be ratified by three-fourths of our state governments (i.e. 38 states) in order to become part of the Constitution. That is why we are confident that an amendment to deal with money in politics in the United States is the only possible amendment that could come from such a convention."

    21. Re:Well, duh by Anonymous Coward · · Score: 0

      "This is how things work these days: if you can't get a law passed in your country, you convince other governments to make it part of a treaty, then blame them when the treaty is passed."

      It's not quite that simple. In the U.S., it still has to be ratified by the Senate, AND even if they do, it is not law if it conflicts with the Constitution.

      (IANAL, but MANY legal experts and court decisions say that a treaty does not have authority to trump the Constitution.)

      You may stop with the history lesson now about what the Constitution does these days, because that document has been turned into nothing more than a tourist attraction. All of this means nothing today when all I have to do is point to "terrorism" and you may have all the unconstitutional laws you need to manipulate the masses into thinking it's necessary for them to give up their Rights to feel safe.

      Hell, we even have Constitution-free zones, which have legally existed for over 4 decades, and basically eliminate all 4th Amendment Rights.

      Please, go ahead and stop me anytime here and call me a liar.

      I wish you could.

    22. Re:Well, duh by TheGratefulNet · · Score: 4, Insightful

      the US used to be 'one person, one vote'.

      it has been converted to 'one dollar, one vote'.

      wish I was kidding...

      --

      --
      "It is now safe to switch off your computer."
    23. Re:Well, duh by Anonymous Coward · · Score: 0

      After looking at Romney's performance, I think the dollar should sue for being a 3/5ths of a vote.

    24. Re:Well, duh by dbIII · · Score: 1

      to crimes about aiding foreign powers

      Irrelevant since even selling weapons to terrorists that had killed over a hundred US Marines less than a year before was not enough to make it difficult for Oliver North to get a new government job requiring a high security clearance. There are no "real consequences" down that road.

    25. Re:Well, duh by Anonymous Coward · · Score: 2, Informative

      More specifically, they basically recognized that to these groups of people we call "corporations" spending practically unlimited amounts of money to achieve some political goal is a first amendment right. Therefore, It's alright for corporations to dump obscene numbers of dollars into political action groups which then turn around and are free to bribe candidates with huge mounds of cash for their campaigns.

    26. Re:Well, duh by Don+Wills · · Score: 2

      Article II, Section 2 of the US Constitution is clear that treaties require 2/3 of Senators voting in the affirmative to enact a treaty.

    27. Re:Well, duh by bill_mcgonigle · · Score: 2

      Most importantly, Congress can't simply repeal a provision of a treaty, which is why it's so much better for industry to get their welfare written into a treaty rather than a statute. The next election could threaten their favorite statute (in theory anyhow).

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    28. Re: Well, duh by Anonymous Coward · · Score: 0

      Tell it to Obamacare. A blatantly unconstitutional law.

    29. Re:Well, duh by AlphaWolf_HK · · Score: 2

      If that were really the case, then Morse should have won the Colorado recall by a landslide. His side literally outspent the opposition 11 to 1.

      --
      Careful with names containing L slashdot.org/~AiphaWolf_HK slashdot.org/~AlphaWoif_HK slashdot.org/~AiphaWoif_HK
    30. Re:Well, duh by jamstar7 · · Score: 4, Informative

      The DNC just said that presidental appointments no longer need 60 votes, it only needs 50. There is nothing stopping them from doing the same with treaties.

      We have gotten to the point where the two parties no longer prevent each other from doing stupid things, if the House is not involved the DNC can do whatever they want. Glad you all voted the way you did in order to make this possible!

      No, you need 51 votes to consider an appointee. That's a simple majority. You can't filibuster the nomination portion of the appointment process anymore. If the nominee gets their 51 votes, it goes into the hearings phase, then when the confirmation hearings are done, it comes up for a vote that you need the supermajority of 60 votes. What was happening was, certain people were filibustering the appointees at the nomination phase, keeping a vote from attaining the 60 needed at that time to go to confirmation hearings.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    31. Re: Well, duh by jamstar7 · · Score: 1

      Tell it to Obamacare. A blatantly unconstitutional law.

      Actually, you might want to read it sometime. Granted, it'll take you awhile. But the main point of Obamacare is insurance company reform. Some great stuff in there. And yes, it is constitutional in that it regulates corporations. Even the right-wing Supreme Court says it's constitutional.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    32. Re:Well, duh by jamstar7 · · Score: 1

      Good idea. It won't work, though. Do some research on ALEC. They're handcrafting 'model legislation' for every state legislature that will defeat any attempt to push a constitutional ammendment contrary to ALEC's sponsors.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    33. Re:Well, duh by jamstar7 · · Score: 1

      to crimes about aiding foreign powers

      Irrelevant since even selling weapons to terrorists that had killed over a hundred US Marines less than a year before was not enough to make it difficult for Oliver North to get a new government job requiring a high security clearance. There are no "real consequences" down that road.

      They had to do the paperwork first to clear him of his felony convictions. It's called a 'presidential pardon'. And I consider its useage in this instance to have been an impeachable offense, but nobody was paying attention til the ink was dry.

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    34. Re:Well, duh by Anonymous Coward · · Score: 0

      Protest again. There are elections for the Senate and President last time I checked.

    35. Re:Well, duh by Anonymous Coward · · Score: 0

      One of the benefits of publicly financed elections is that you may get a president who is not personally wealthy...

    36. Re:Well, duh by Anonymous Coward · · Score: 0

      Actually, no, they don't. The government doesn't have the authority to enter into a treaty that violates the Constitution, period.

      The President doesn't have the authority to sign.
      The Senate doesn't have the authority to ratify.

      Both actions are unconstitutional- and any actions in that direction void our participation in said treaty.

    37. Re:Well, duh by Teancum · · Score: 1

      Treaties can and DO override US Law all the time.

      When the President and two thirds of the Senate concur that a treaty can invalidate some sections of US Code, that code is toast, unless the treaty tried to override the amendments 1 thru 8 which specifically limit federal power.

      So treaties that override other amendments like the 19th Amendment are just fine and constitutional?

      I'm sure that would go over real well. Besides, since when has Congress felt limited by any part of the constitution? They pretty much treat it as a mere guideline any more.

    38. Re:Well, duh by Anonymous Coward · · Score: 0

      "This is how things work these days: if you can't get a law passed in your country, you convince other governments to make it part of a treaty, then blame them when the treaty is passed."

      It's not quite that simple. In the U.S., it still has to be ratified by the Senate, AND even if they do, it is not law if it conflicts with the Constitution.

      The result that we usually see its that the U.S. put some weight behind getting these treaties accepted by threatening with sanctions or such. Then when the treaty is written and all nations have agreed on it it is overturned by the Senate. In other nations the president actually have the power to sign treaties (The U.S. president can sign but in practice the signature carries no power.) so they are stuck with the treaty.
      This makes it look to everyone else as if the U.S. regularly breaks treaties that they suggested and makes the U.S. look really bad internationally.

      The quick fix would be to have the senate vote on giving the president the mandate to sign the treaty beforehand but I guess that would make too much sense.

    39. Re:Well, duh by Anonymous Coward · · Score: 0

      The other version would be for other Nations to not consider the U.S. as a country and negotiate treaties with the member states individually.

    40. Re:Well, duh by FridayBob · · Score: 1

      That's assuming ALEC is as well organized as the conservative block in the US Congress; that they can block almost anything that is not in their interest. But how can that be when so far the most headway WOLF-PAC has made with State Legislators is with Republicans in red States (Texas, Idaho and Kentucky)? If anything it would seem that, despite ALEC, Republican State Legislators are even more averse to the current level of crony capitalism in Congress than are their Democratic counterparts. However, I agree that we should not expect this effort to be a cakewalk.

    41. Re:Well, duh by squiggleslash · · Score: 1

      Yes, that WAS my point. One of them, anyway. In order to override ANY U.S. law, it first has to be ratified by the Senate.

      Technically true, but remember that a treaty is usually a combination of clauses, not just one, all of which need to be agreed to. If the Senate agrees that the good clauses are something they want then they have to decide whether the bad ones are something that can be tolerated or not.

      Now, based upon this, and based upon the fact the Senate can't just pass amendments or similar in the usual way, and given the fact that SOPA is pretty much what the political establishment wants in this country, do you think we stand much of a chance of seeing this treaty go unratified?

      --
      You are not alone. This is not normal. None of this is normal.
    42. Re:Well, duh by Anonymous Coward · · Score: 0

      Article II, Section 2 of the US Constitution is clear that treaties require 2/3 of Senators ....

      I really don't see any difficulty in getting two or three of the Senators. Sorry, you think that means "two thirds"? It's a good thing someone as misguided as you would never be allowed on the Supreme Court where you would get to decide about such things.

    43. Re:Well, duh by icebike · · Score: 1

      Please re-read what I wrote. You are churning.
      This isn't about the constitution.

      --
      Sig Battery depleted. Reverting to safe mode.
    44. Re:Well, duh by kermidge · · Score: 1

      As I understand it, fast-tracking changes some of that. It side-steps the formal treaty process by calling it a legislative-executive agreement. Fast-tracking has already been asked for the TPP, and the same approach is planned for the Atlantic version.

    45. Re:Well, duh by icebike · · Score: 1

      Please reread what I wrote.
      Put your glasses on, and try reading the bold sentence that you quoted, but still some how never even noticed.

      This isn't about the constitution.
      Congress could have passed the original SOPA act.
      Congress could have passed the original PIPA act.
      The President could have and would have signed both.
      Once signed they both would have been LAW.

      Public protest caused both to be withdrawn.
      But if you put key features of these into a Treaty, the House of Representatives is out of the picture, and 60 Senators is all it takes to approve a treaty, and the president will sign it, and they are LAW.

      Since neither act directly violated any provision in the constitution, the whole constitutional question is moot.

      Its distressing and a bit depressing that you don't understand this. Your low Slashdot ID suggests you should be out of junior high by now.

      --
      Sig Battery depleted. Reverting to safe mode.
    46. Re:Well, duh by Jane+Q.+Public · · Score: 1

      "But it is EXACTLY that simple."

      NO, it isn't. You've taken this out of the context of my original statement, then included part of my original statement. WTF?

      Point (3) was MY point, and THAT is why "It's not so simple." You can't just sign a treaty, you have to get it ratified by 2/3 of the Senate. And THEN it's still not law if it violates the Constitution, ratified or not.

    47. Re:Well, duh by Jane+Q.+Public · · Score: 1

      "Since neither act directly violated any provision in the constitution, the whole constitutional question is moot."

      No, it isn't. Sheesh.

      To use one of your own examples: it is very much arguable that SOPA would have infringed on the First and possibly even the Fourth Amendment.

      Reminder: this whole thread was in response to a comment to the effect of: "it isn't just a matter of signing a treaty" to get it into law. It's more complicated than that. It has to be ratified by 2/3 of the Senate, and it may not violate the Constitution. (The latter according to your own sources.)

      SOPA is a great case in point: it should not take a huge uprising from the American people to resist possible dismantling of our Constitutional rights, as was the case with SOPA. That's what our government representatives were elected to do. If they aren't doing it, then they aren't doing their jobs and need to be replaced. But more to the point: as Thomas Jefferson famously said (paraphrase): "Any extra-constitutional 'law' is not law. It is of no force, null, and void."

    48. Re: Well, duh by Jane+Q.+Public · · Score: 1

      "And yes, it is constitutional in that it regulates corporations."

      Um, no.

      The Federal government has legal authority to regulate interstate trade. (And the amount to which it has "interpreted" the word "regulate" would have our founders rolling over in their graves.)

      Most insurance companies only operated in-state. So theoretically, they should not be subject to Federal regulation.

      The problem is, the Federal government has insinuated it into the State businesses via things like Medicaid, leaving them vulnerable to further regulation from the Feds via more regulation.

      It's a typical Fed government trick: regulate something, do a shitty job of it, then use the failing system as an excuse to further regulate. It's insidious, and they've done it hundreds of times.

    49. Re:Well, duh by wumbler · · Score: 1

      Just some clueless foreigner here with an honest question: Why does 2/3 not mean "two thirds"? Is this one of those things where 2/3 of all present (!) senators need to vote for it, so they put the vote up at some ungodly hour where only the few necessary hardlines will be present? Or do you have something else in mind?
       

    50. Re:Well, duh by 7-Vodka · · Score: 1

      To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Treaties do have major implications under U.S. domestic law. In Missouri v. Holland, the Supreme Court ruled that the power to make treaties under the U.S. Costitution is a power separate from the other enumerated powers of the federal government, and hence the federal government can use treaties to legislate in areas which would otherwise fall within the exclusive authority of the states.

      Fuck off. The 10th amendment is abundantly clear and anything you or anyone else writes or says elsewhere is meaningless.

      The feds were granted very specific and NARROW domains and anything not mentioned is NOT THEIR BUSINESS.

      The fact that they wipe their asses with the constitution on an hourly basis and in perpetuity does not make it right and some day when they've pissed off enough people there will be a revolution.

      --

      Liberty.

    51. Re:Well, duh by Anonymous Coward · · Score: 1

      He was trying to be funny by having "/" mean "or", so "2/3" would mean "2 or 3".

    52. Re:Well, duh by clovis · · Score: 2

      The DNC just said that presidental appointments no longer need 60 votes, it only needs 50. There is nothing stopping them from doing the same with treaties.

      We have gotten to the point where the two parties no longer prevent each other from doing stupid things, if the House is not involved the DNC can do whatever they want. Glad you all voted the way you did in order to make this possible!

      Nope, that is incorrect on a number of levels.

      There is not, nor ever has been, a requirement for 60 votes to confirm an appointment.
      Nor is there a requirement for 50 votes. The requirement is for a majority of present members assuming that a quorum is present.
      This is in the Constitution and cannot be changed without a constitutional amendent

      Ratifying a treaty is also in the constitution, and requires a two thirds vote.
      This is in the Constitution and cannot be changed without a constitutional amendent

      You may be thinking of the cloture rule to break filibusters. This is NOT in the Constitution.
      This is part of the Senate rules that the Senate can change at any time - it's their rules.
      The cloture rule to break filibusters was introduced in 1916, and it was set to two-thirds of the full senate.
      The vote was changed to require 60 in 1975.
      Now it's changed to 50 votes.

      Senate rules:
      http://www.senate.gov/CRSReports/crs-publish.cfm?pid=%26*2D4QLO9%0A

      The House has its own rules (set in 1842) that prevent filibusters so they don't have this self-inflicted problem.

    53. Re:Well, duh by ops2048 · · Score: 1

      um ... more like one million dollars equals one vote.

    54. Re:Well, duh by dbIII · · Score: 1

      It's an example that it's not just the constitution that is in trouble but even something as far back as Magna Carta. The same laws do not apply to those in power. The US constitution relies on the law seeing all as equal, and when people such as North, Libby etc get to do far worse than Manning, Snowdon etc without consequence it shows the ground is shaky. The rule of law is being scorned. Chinese style "might makes right" is far more convenient for the people that like to call themselves conservative to hide what they really are.

    55. Re: Well, duh by Anonymous Coward · · Score: 0

      The number of senators would be 66 or 67, but not 60 as some have suggested. Seems like a trickier sell at 66 than 60, then again they do have troughs of money.

  2. Who by Anonymous Coward · · Score: 1

    Who are the people responsible for this? Names and home addresses please.

    1. Re:Who by Anonymous Coward · · Score: 0

      I agree completely. These people are in all practicality terrorists. Why has the NSA not released info on them yet?

  3. Global Trade by Travis+Mansbridge · · Score: 1

    There are some amazing evangelists for global trade because there are some that truly believe this to be the path to world peace (If we all have things we want to trade, we should all be able to get along). Unfortunately, many simply see it as a new means for greater wealth, and it's often hard to distinguish between these different proponents. Since WWII imperialism has been passeé, so now taking foreign countries for all their worth has become a bureaucratic process.

    1. re: Global Trade by Runaway1956 · · Score: 2

      Globalists are mostly fools. Those who actually understand what they are doing may or may not be fools, but the masses who believe in the hype are most certainly fools.

      Every one of these "free trade" treaties compromises one or more nation's sovereignty. We, here, in the US, can clearly see that these "intellectual property" treaties are so much hogwash, are being sucked into the treaty. After signing, our (mostly bought and paid for) politicians can then refuse to pass laws that we demand, claiming that they would violate international treaties.

      It's as bad, or worse, for other nations. Some third world nation, where people might make a couple thousand dollars PER YEAR, can't afford to pay the prices for our software under any circumstances. Today, the people might pirate an operating system, but with the trade agreements, piracy could result in a lifetime imprisonment. Or death.

      Almost no one benefits from these treaties, almost no one benefits from globalization, except corporations.

       

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    2. Re: Global Trade by MrDoh! · · Score: 1

      Maybe, the route to world peace IS getting rid of the concept of a nation's sovereignty? Ok, not replacing it with a corporation, but if EVERYONE's the same country, it'd make it that bit trickier to go to war with yourself.

      --
      Waiting for an amusing sig.
    3. Re: Global Trade by Anonymous Coward · · Score: 1

      http://en.wikipedia.org/wiki/List_of_civil_wars

    4. Re: Global Trade by Anonymous Coward · · Score: 0

      On the upside, it does make it economically undesirable if not unviable to wage war between countries once they're all on the same page. But on the downside, this means the resources freed up in that respect may now be used to wage war between classes. There ain't no justice, and nowhere to run if you're getting the shit end of the stick.

    5. Re:Global Trade by ebno-10db · · Score: 1

      There are some amazing evangelists for global trade because there are some that truly believe this to be the path to world peace

      That'd be funny if it weren't such a serious issue. It's exactly what people said during the first so-called great age of free trade (late 19th and early 20th centuries). People were saying that in 1913. By 1914, WWI had thoroughly disproved the theory.

    6. Re: Global Trade by ebno-10db · · Score: 2

      Sounds good. Let's start small though to demonstrate the practicality of it. Let's unite the US and Canada. Two countries with the longest undefended border in the world. No hostilities between them in 150 years. Very similar culture and background. Common language except for a French speaking minority that the new country could accommodate as well as Canada can. Should be easy.

      Get back to me when that's done, and then we can talk about adding the rest of the world.

    7. Re:Global Trade by Anonymous Coward · · Score: 0

      They are not globalists, they are one sided people passing laws which benefit them.

      Try reimporting a book or something (ignoring region coding) and you will find out that "outsourcing" is a one way street.

      US jobs go Overseas because its cheaper, but cheaper overseas products are not allowed to be imported back into the US.

    8. Re:Global Trade by Anonymous Coward · · Score: 0

      US jobs go Overseas because its cheaper, but cheaper overseas products are not allowed to be imported back into the US.

      Been to a Walmart lately?

    9. Re: Global Trade by Anonymous Coward · · Score: 0

      Why not keep differing people and opinions away from each other....

      The gothic piercing community doesn't want to live with Puritan Amish types who consider their very existence "the devil".

      So they live far away on segregated land from us "normal folks".

      But when we do it for other reasons it's not allowed. People who dislike your very way of life will spend countless resources bringing about persecution which only forces people to live in the shades. There crime flourishes. Then we need more police, who then beg for more laws, and we eventually are slaves.

      Why can't the pot smoking guys have a state 100% legal for that..... The burn-them-at-the-stake "pure" religious types can live in their own states with near-forced religion through more blue-laws and punishment for skipping sunday school (like they wished was law so they can haul away non-believers).

      Eventually people will segregate and live comfortably amongst each other as they run far from the lands that have crap laws.... Then states will have to compete again for the citizens to want to live there. Things would generally be fine until some radical sect decides to try invading another because of differing beliefs. But we have police for that who are now less constrained arrestnig anyone who smokes a plant.

      The problem has always been the idiot who moves into a neighborhood where everyone knows everyone and starts complaining about the regular way of life. You move from them. But you can never be sure another won't pop up next to you who bitches that you sleep in on Sunday or live with a woman out of wedlock. I used to have people ring my door bell at 9am on Sunday asking why my car didn't leave the driveway! After comfortably living in my neighborhood for many years this religious nutjob moved in and started harrassing everyone.

      Leaf blowing at 7am, telling us all we were going to hell. Ends up he had friends in high places so we got harassed by the cops with cars sitting outside our house. turns out he told them we "must be up to something" which caused a search of my house and them shooting my dog. Nothing I could do about it.

      Wish I could move somewhere where that style of harss- I mean living would be illegal. I'm not a hippie, I'm a $100,000/year+ earning software architect who is 30 but looks 20 and has everyone on my block treating me like a drug dealer because I buy nice cars and hangout with guys driving BMWs and Porsches. I just cannot live a normal freaking life with these NOSY people creeping into my life.

      Lets start accepting segregation again.... So next time some Southern-idiot moves to Michigan and starts enforcing Bible-law which leads to my dog being shot over absolutely doing NOTHING wrong except being young looking and staying at home on Sunday in my own flipping house.

      (Not trolling either, true story)

    10. Re: Global Trade by Anonymous Coward · · Score: 0

      Wish I could move somewhere

      Life is short. You're in your 30s now but in the blink of
      an eye you will be in your fifties and most of your life will
      be behind you. Do you really want the years between now
      and the end to be miserable when they don't have to be ?

      If you choose to stay despite the fact that
      you have idiot neighbors who make your life miserable,
      in the end you have yourself to blame. Man up, and do
      some proper research in order to find a place where you will
      be comfortable living so you don't inadvertently end up in
      another bad area, and MOVE.

    11. Re: Global Trade by shentino · · Score: 1

      There will never be peace as long as at least two people want to be better than everyone else. Only one person can be at the top of the list, and if you have more than one person competing for that spot you're going to have conflict.

    12. Re: Global Trade by currently_awake · · Score: 2

      Your proposal would likely cause the destruction of the USA. About 30% of the US population speak Spanish fluently- how would they react to Canadian bilingualism? You try telling a hundred million citizens they are not important enough to get their native language, but the french are. How would Americans react to the "Northern" states getting universal health care, but they don't? Again it would be a national riot. And you think you could just roll those programs back up north? Try telling 30 million voters (who vote as a block) that they must lose their most important pork? In Canada you literally can't win an election unless you support these two programs. It would be easier to merge Mexico into the union than adding Canada. At least they would take the bribes.

    13. Re:Global Trade by jamstar7 · · Score: 1

      There are some amazing evangelists for global trade because there are some that truly believe this to be the path to world peace

      That'd be funny if it weren't such a serious issue. It's exactly what people said during the first so-called great age of free trade (late 19th and early 20th centuries). People were saying that in 1913. By 1914, WWI had thoroughly disproved the theory.

      They've been telling me that trickle down economics works, too. Still haven't seen the money trickling down. Money ain't brown, anyways, not in the US...

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    14. Re: Global Trade by Teancum · · Score: 1

      Ok, not replacing it with a corporation, but if EVERYONE's the same country, it'd make it that bit trickier to go to war with yourself.

      Yeah, that worked out real well for America. As if you even need countries to have bloody wars of hundreds of thousands of soldiers on each side.

    15. Re:Global Trade by Anonymous Coward · · Score: 0

      Yeah, everything there is made in china.

      The difference is its made for EXPORT.

      I was referring to this: http://www.nytimes.com/2013/03/20/business/supreme-court-eases-sale-of-certain-products-abroad.html?_r=0 and this http://en.wikipedia.org/wiki/Omega_S.A._v._Costco_Wholesale_Corp.

    16. Re: Global Trade by Anonymous Coward · · Score: 0

      Not to mention that most Canadians view Americas as retarded, ignorant, foolish, moronic, gun nut, rednecks who mostly hate hockey. There's a reason why when Canadians are abroad they wear the Canadian flag. It's not from national pride, it's so people don't think they are American

    17. Re: Global Trade by Anonymous Coward · · Score: 0

      So let me get this right. You want to reverse decades of anti-segregation because one guy was an arsehole to you. Over reaction much? Seriously move on, and go find an HOA who doesn't stand for that kind of nonsense. Alternatively - sue the police department for harassment. Use the money to buy yourself some political influence

  4. There's more to the story by Puls4r · · Score: 4, Interesting

    The TPP is horrible in a number of ways. It creates so-called free trade between the countries in a number of areas, including automobiles. Unfortunately, if you know anything about the markets you know that even while the Japanese may not place tariffs on automotive products from the US, their market is absolutely closed to US product through a number of other legal but fairly immoral actions.

    To top it off, the Japanese are even WORSE at currency manipulations than Americans. As of this second, Japan enjoys an $8000 imbalance between autos made over there versus what we can make them over here, specifically because of their intervention in the currency market.

    Free trade doesn't work when countries can play games, dumping products and using massive government subsidies to drive people out of the market. The Automotive industry is virtually the last bastion of American manufacturing, and supports a huge proportion of what remains of the American middle class.

    This is a BAD partnership. Oppose it.

    1. Re:There's more to the story by Jane+Q.+Public · · Score: 3, Informative

      "The TPP is horrible in a number of ways. It creates so-called free trade between the countries in a number of areas, including automobiles. Unfortunately, if you know anything about the markets you know that even while the Japanese may not place tariffs on automotive products from the US, their market is absolutely closed to US product through a number of other legal but fairly immoral actions."

      That's the essence of the problem. These "free trade" treaties haven't really implemented "free" trade at all. It there has been anything "free" about them it is the "free" subsidies that some companies get for their products.

      Further, we know by now that offshoring is damaging to the economy of the country doing it, if it is "free", i.e., no exchange rate on labor. This is one of the biggest lies that have been pulled in recent years.

    2. Re:There's more to the story by Jeeeb · · Score: 2

      Unfortunately, if you know anything about the markets you know that even while the Japanese may not place tariffs on automotive products from the US, their market is absolutely closed to US product through a number of other legal but fairly immoral actions.

      Yet strangely, German cars do well in Japan, and Japan's second largest maker is owned by the French. Maybe if the American makers made better small cars and medium sedans, there would be more interest in them.

    3. Re:There's more to the story by shentino · · Score: 1

      Do we mean better, or do we mean more amenable to japanese political influence?

    4. Re:There's more to the story by Jeeeb · · Score: 1

      Do we mean better, or do we mean more amenable to japanese political influence?

      I mean better. That's how the Germans have succeeded in Japan. That's how the French rebuilt Nissan. Meanwhile, the American makers for the last 30 years have been unable to even capture their homemarket and instead have been leaning on Washington to intervene.

    5. Re:There's more to the story by Anonymous Coward · · Score: 0

      The usual saying for your comment is pot kettle black something something.

    6. Re:There's more to the story by ganjadude · · Score: 1

      Clearly you havent looked at american cars since the early 90s. In the years since we got our asses handed to us in the segment we have made great strides. The fuzion and the impala are both better cars than the toyotas and hondas for the higher end cars, the focus ST will roll all over the civic and corolla. Try actually looking at and driving some of them

      --
      have you seen my sig? there are many others like it but none that are the same
    7. Re:There's more to the story by Anonymous Coward · · Score: 0

      A reputation takes a long time to lose/build. It lingers for a long time and takes quite a bit of effort to lose.

  5. An attack on sovereignty by corporations by Anonymous Coward · · Score: 4, Informative

    I live in Australia, we are at the other end of this disgusting treaty.
    The treaty gives US corporations the right to sue our government for any legislation that might affect their profits. So our highly effective and world-renowned Plain Packaging laws for cigarettes will be the first to go. Then they will come after our excellent PBS (Pharmaceutical Benefits Scheme) which gives us extremely low-cost prescription drugs, something im sure those in the US would dream of having.
    This treaty is nothing more than further evidence that our governments are acting against the greater good and in the interests of big business.
    Please oppose it.

    1. Re:An attack on sovereignty by corporations by caffeine_high · · Score: 1

      Phillip Morris is already pursuing Australia for damages under the ISDS system after losing in the Australian high court. Australia signed a free trade treaty with Hong Kong in the 90s and that is the basis for this action. The TPP will only make matters worse.

      --
      The smarter home exchange, http://switchhomes.net
    2. Re: An attack on sovereignty by corporations by Anonymous Coward · · Score: 0

      Exactly!

      You can read how pissed the US was and how much pressure they put on e.g. Finland when they went through with their "generic substitution" scheme (Wikileaks Cablegate). The scheme essentially says that you can always substitute to a cheaper generic medicine if possible. This makes healthcare cheaper overall for everyone.

      I am not surprised that TPP wants to remove any mentions of such schemes.

    3. Re:An attack on sovereignty by corporations by gronofer · · Score: 1

      I agree with your objections to the treaty, but I'm not sure that your point about prescription drugs is correct. See this.

    4. Re:An attack on sovereignty by corporations by Anonymous Coward · · Score: 0

      Solution: Make cigarettes an addictive drug by law, restrict the imports to 100tons/year and set pack price to $20 to pay for the ridiculous demands and lawyers fee. If governments wanted to solve the health problems of their citizens, the could have done so ages ago.

  6. Who cares if you voted against a law... by Anonymous Coward · · Score: 0

    They will just push the same law over, and over again, with different words, until it passes.

  7. Has it occured to anyone that SOPA by Mister+Liberty · · Score: 3, Funny

    Can be the abbreviation of Start Online Piracy, Act!

  8. Doesn't affect me by Anonymous Coward · · Score: 0

    As a sovereign citizen, none of this silly crap affects me.

    1. Re:Doesn't affect me by Anonymous Coward · · Score: 0

      As a sovereign citizen, none of this silly crap affects me.

      The above is the reply which makes more sense than all the hand-wringing and
      whining in the rest of this page.

      Rules are for other people.

  9. Negotiations? Hardly! by NewtonsLaw · · Score: 3, Insightful

    Given that the NSA is busy tapping the phones and email conversations of the leaders with which the USA is "negotiating" this TPPA, it's hard to believe that this isn't just a one-sided deal.

    How can other nations "negotiate" when the USA knows exactly what their bottom lines are (given that they've likely exchanged such information with their fellow politicians within their own country by phone or email)?

    What's more -- why does this all need to be done in secret -- hidden away from the eyes and ears of those who these politicians are elected to REPRESENT and SERVE?

    This is a huge con-job on the peoples of the non-US nations involved.

    I strongly suspect there will be a great deal of "post-political career" employment on offer for those foreign politicians who agree to the US-dictated terms of the TPPA.

    Outrageous!

  10. If you can't get a law passed in your country by nurb432 · · Score: 4, Insightful

    You keep trying again and again until the opposition blinks. .Then its too late.

    --
    ---- Booth was a patriot ----
  11. Re:Well, Dulles... by Anonymous Coward · · Score: 1

    This sort of thing isn't new at all. The Dulles brothers, who ran the CIA and Dept of State simultaneously after WWII, crafted pro-US business policies and force smaller countries to allow foreign ownership and investment at the expense of the people in those countries. They trampled the rights of foreign citizens worldwide by overthrowing governments, installing dictators and 'advising' foreign military leaders on counter-insurgency warfare, used against peasants to move them off land where valuable resources could be mined or extracted. The Dulles brothers cared only for Wall Street and the wealthy.

    The neo-liberal policies of the World Bank and IMF create oppressive economic conditions that favor the wealthy and do little to benefit the bottom socio-economic strata of 'developing' nations, as well. The blowback is showing up in the Western world where the limits of growth are coming up against reality.

    It will be less pretty as scarce potable water, the best agricultural land and other basic resources are depleted and the marginal cost of developing new assets increases. Climate change will also play a role as long term capital investments where the environment is no longer stable will be less productive, more expensive to maintain and will yield less than their projected returns.

    Welcome to the 21st century, when the world comes to grips with the limits of irresponsible business practices and limits to growth.

  12. the worst of this is it had to be leaked by ebno-10db · · Score: 5, Insightful

    The worst part of this is that it had to be leaked. The whole process by which these "agreements" are negotiated shouldn't be allowed in a democratic society. You leak secrets, and there should be nothing secret about these negotiations. Please spare me any "diplomatic requirements" BS. This is not a peace treaty where secrecy of negotiations might be necessary to get the thing done, or at least get it done relatively quickly.

    These negotiations should be no different than the way "negotiations" are handled in the legislature of a representative government - all completely public, and proposed bills available to anyone. You can even watch congress on TV if you can stay awake long enough. Why should this be any different?

    1. Re:the worst of this is it had to be leaked by Anonymous Coward · · Score: 0

      I'm getting inclined to think there is a need for a constitutional amendment which requires all treaties to be published in full and freely available to all US citizens a minimum of 7 days before the President signs them. There is also a need to require them not to usurp the power of the Legislature. Perhaps the text, "shall not include substantial portions of any proposed law that was defeated".

    2. Re:the worst of this is it had to be leaked by Anonymous Coward · · Score: 0

      There could be a case made that some negotiation positions should be kept secret so you don't give your counterparts the advantage of knowing exactly how far you're prepared to bend on item A to get item B through, and so on. But these leaked documents are negotiation proceedings that all the negotiating parts already know. There is absolutely no reason to keep them secret from everyone else.

    3. Re:the worst of this is it had to be leaked by Anonymous Coward · · Score: 0

      You are correct in theory, but mistaken if you think democracy has anything to do with these negotiations. Democracy in the US republic is a pageant, just enough theater to mollify the public with the notion that they have a choice. In this society should or should not is a financial decision, not an ethical one.

    4. Re:the worst of this is it had to be leaked by luther349 · · Score: 1

      but being we shot down sopa and all its clones every time it goes public they will try to do it in secret now.

    5. Re:the worst of this is it had to be leaked by Anonymous Coward · · Score: 0

      Sure. They'll just keep the ones that are a matter of national security secret. Oh... All of them apparently are. See? Everything can be a national security thread nowadays. So you have to choose, either you get secret spying agencies or you get transparency. Can't have both.

    6. Re:the worst of this is it had to be leaked by elashish14 · · Score: 1

      The problem is very simply that Americans aren't as involved in the democratic process as they should be (or they are and that they're simply too ignorant to understand how it's supposed to work). This is certainly not true of all Americans, but it is true of the vast majority, and what more is Democracy? Nothing more than the only thing the /. moderation system can beat....

      --
      I have left slashdot and am now on Soylent News. FUCK YOU DICE.
    7. Re:the worst of this is it had to be leaked by Anonymous Coward · · Score: 0

      Yes, I do agree wholeheartedly. But...

      > This is not a peace treaty where secrecy of negotiations might be necessary to get the thing done ...this is exactly the point: *they* want to get things done without you or me interfering. Democracy be damned.

      I think we should treat those shady figures as we treat terrorists: a threat to our society. I actually think that nowadays they are far more dangerous.

  13. Unwanted Elements of SOPA by FuzzNugget · · Score: 4, Insightful

    Remind me, what were the wanted ones?

    1. Re:Unwanted Elements of SOPA by danlip · · Score: 1

      All of them were wanted by someone, just not me or you.

  14. Thanks USA! by Anonymous Coward · · Score: 0

    Heart and minds, friends.....

    (kill yourselves)

  15. Re:Negotiations? Hardly! by Anonymous Coward · · Score: 0

    It's also a huge con job on US people. We have to deal with what NAFTA and the WTO have done to the US economy which has lost 50% of its manufacturing sector, grown a completely corrupt financial sector and let it run amok, which forcing youth and middle class to believe that it's all in 'our' best interest. It's not.

    We need to realize that the vast majority of us will be worse off. I think technology is great, but you don't have a strong middle class with decent living conditions for everyone, then you have what we used to refer to as a 3rd world economy. That said, I realize that we and the rest of the world can't have the same level of consumption we promoted over the last 50 years of the 20th century.

    If we don't realign people's expectations with the likely results of 250 years of irresponsible industrial waste and adopt healthier practices from top to bottom, we're all in for a shock over the next generation's lifespan. Allowing the TPP-like crap to rule from top, the grand tradition of robber barons memorialized will only prolong the pain. It's time to require politicians at the top to stop listening to the fat cats of Wall Street, or whatever national center promotes the concentration of financial wealth at the expense of a reasonable future. Ecology, social justice and peaceful coexistence should be global goals.

    The largest multinationals are already remaking themselves by selling off their less profitable companies because their patent advantage is up. But they're focused on business as usual without coming to grips with the reality that the globe is filling up, and you can't eat your bank account. Frioj Capra's 'Turning Point' has it right. We need a paradigm shift away from the destructive practices and toward cooperation, wholistic thinking and an existence which values the mind over the body as a the essence of being.

  16. Re:Fuck you, Obama. by luther349 · · Score: 1

    Lying weasel corporate sockpuppet. that would be the entire government of pretty much every country.

  17. Life plus? by boojumbadger · · Score: 2

    Is it just me or does anyone else think this is a bit screwy? What happens to your copyright if you never die or due to medical breakthroughs live for 500 years?
    How long before these laws get tweaked so that corporations get lumped in with humans, can they die? Are they like the Borg with smaller companies getting assimilated into the collective and thus never dying for so long as some other company is prepared to buy up the parts still valuable?

    1. Re:Life plus? by miroku000 · · Score: 1

      How does it work when a company copyrights something rather than a person? Companies are people, now, right?

    2. Re:Life plus? by Anonymous Coward · · Score: 0

      The "Lifetime of creator plus N>70 years" bullshit has the following basis:

      "Hi, I'm a wealthy actor/rockstar/artist/whatever! My kids have grown up in an environment where they have all this luxurious shit, because I am a statistical anomaly that gets paid a whole lot. I am worried that my spoiled progeny won't be worth a shit at actually making and doing things^^^^ --I want them to be free to pursue life as they see fit, and want my intellectual property's legacy to provide for them so they can do that!"

      Or. At least, IDIOTIC rights holders with their heads up their asses get suckered into thinking that's what "lifetime +N>70 years" means.

      They don't realize that what it really means is that when they die, some corporation (likely their own goddamned publisher!) Will cabbage those rights for N>70 years after they die, and use hollywood accounting to ensure their beloved children get paid exactly dick. -- especially since the publisher holds a license to distribute at the times of their deaths, and since the copyright does not expire, they become the defacto holders of the rights for that time.

      The publishers of course, do everything they can to reinforce the fiction, knowing that as big corporate a-holes, they can outlive any pathetic human, and that the value of the work is cultural in nature-- that demand will only INCREASE after the artist's death.

      Pass laws saying that you can't leave intellectual property rights to heirs, and watch the support for lifetime +N years dry up from the high profile celebrity demographic.

    3. Re:Life plus? by SuricouRaven · · Score: 1

      In the year 2050, corporations will start to store their most valued creative employees in suspended animation to postpone their legal death.

    4. Re: Life plus? by Anonymous Coward · · Score: 0

      The creators have nothing to do with it. They get maybe 0.3% in the end. Rest goes to record companies and various middlemen, most of whom are actually part of the big media companies.

      So keep on creatin' those hit tunes!

      Life + 70 is to ensure a near hundred year long revenue window to the artist's product.

      But you know there is a way out of this. Creative Commons content, free music, etc. Support those. Drop the commercial trash. There is a whole universe of music and art out there and it is legal and does not cost a dime.

    5. Re:Life plus? by gronofer · · Score: 1

      They just get the X years, you don't have to wait for the corporation to die.

    6. Re:Life plus? by RespekMyAthorati · · Score: 1

      Where "X" == infinity+1

  18. Treaties by manu0601 · · Score: 1

    International treaties are a convenient way for executives to push unwanted legislation through legislator's throat. European Union citizen now know that trick very well. You can even have people refusing thing by referendum, and have it adopted by an international treaty 3 years later.

  19. Copyright in the internet era... by bayankaran · · Score: 1

    How will 'copyright' affect the average citizen anywhere in the world as far as video/audio/books are concerned?
    If you upload something on You Tube they will pull it down if it infringes on someone's copyright. This is usually an issue with audio, with visual data its not that simple, but still possible.
    Metallica proved that you cannot win the hearts and minds by taking a strong stance against popular sentiment. I don't see any artist going that path again.
    The worst case scenario would be some corporation claiming copyright for singing "Happy Birthday". But that's a far fetched scenario.
    Corporations will lock it down to the max they can. Let them. At some point they will start leaking their own stuff. Because for art and entertainment, you want people to watch and listen.
    About cellphone unlocking and software patents...that's a different beast altogether.

    --
    Tat Tvam Asi
    1. Re:Copyright in the internet era... by Anonymous Coward · · Score: 0

      One Word: CHINA. They can pass all the laws they want, but the genie is out the bottle.
      China style-based megaupload with encrypted cloud - everyone will get anything and anything, anytime they want.

      The core assumption is they can shut down torrents and the like with 100% success, and when they can't do it lawfully, they pick on New Zealand hosts. For sure, stuff on the cloud will be sharable and cheaper.

      Physical items like phones, the next gen of Chinese clone style/fakes will be 'good enough', so price premiums will drop. Oddly the US has done noting about revenue base erosion, where these 'high tech' and 'yesterdays movers' pay no tax going via Ireland etc.

      And if they think this is all BS, just remember the untaxed loot is all going to HK and China based banks as well.

    2. Re:Copyright in the internet era... by gronofer · · Score: 1

      Copyright claims on "Happy Birthday" are old news.

  20. Re:Negotiations? Hardly! by Anonymous Coward · · Score: 0

    Forget just tapping their phones for the negotiations, they've been tapping and building relationship graphs for well over a decade. The NSA (and affiliated organizations) know, down to pretty intimate level, exactly who knows what and where the bodies are buried. If the "partner" nation is a democracy then it's even easier to 'suggest' courses of action that are mutually beneficial to all involved.

    In fact, track back through recent history to when the U.S. started forcing these sort of agreements and you'll probably have a pretty good idea when the full power of the NSA dragnet came into force; or at least when they started making it available to commercial interests.

  21. Rat Bastards! by Anonymous Coward · · Score: 0

    Rat Bastards! Ok, if they slip it in, then the TPP and its SOPA extensions must all be killed. I have a vote and have already added my name to petitions to stop it. They stay up nights trying to kill freedom in the name of profit.

  22. Fuck the FDA by Anonymous Coward · · Score: 0

    When did our society get taken over by unelected bureaucrats? Why do they have the power to make up rules that aren't even laws or voted on by our "representatives". Fuck it. Lets kill them all and form a constitutional republic!

  23. whoosh over your heads.... by Anonymous Coward · · Score: 0

    The point of this treaty is basically to help build a defense against china and the EU who are trying to weaken the dollar. For which I can't blame them too much considering what happened in 2008, who would want to be heavily invested in the dollar? Either way, this is just one move in economic warfare.

  24. Avaaz by Anonymous Coward · · Score: 0

    Sign up:
    http://www.avaaz.org/en/no_champagne_for_monsanto_loc/?bTmiHcb&v=32217

  25. Need a constitutional ammendment by Anonymous Coward · · Score: 0

    to further limit copyright to no more than 50 years.

    The Mickey Mouse efforts to keep it indefinite are causing too many special interest distortions in how govt is working in other areas.
          (Like regulating cell phones and the Internet.)

  26. Trans Pacific Partnership by Anonymous Coward · · Score: 0

    cindy88
          THE REAL TRUTH ABOUT THE "TRANS PACIFIC PARTNERSHIP"!
    It's NOT actually a trade agreement1 There are 29 CHAPTER'S, only "5" deal with trade, and only 1 has been exposed! The plan is to merge the TPP with the Trans Atlantic partnership-- which together will COMPRISE aprox. 80% OF THE WORLD!
    The REAL TRUTH is : This is a GLOBAL CORPORATE TAKEOVER!--- under the GUISE OF TRADE!
    What does deal with trade is more about PROTECTIONISM for the MULTINATIONAL Corporations!
    Under this agreement, CORPORATIONS will be ALLOWED to SUE governments for regulations the infringe on their PROFITS or POTENTIAL PROFITS! And all countries under this agreement MUST CHANGE their LAWS to meet the RULES and GUIDELINES OF THIS AGREEMENT!
    YES, it will SUBVERT the CONSTITUTION!
    SO issues like : GMO'S -- WILL BE SPREAD WORLD-WIDE --with NO LAWS to stop them!
    FRACKING--will go UNABATED, with no laws to stop them also!
    We will be FORCED to buy RADIO-ACTIVE food & products from Japan, WITH-OUT LABELS!
    The FUKUSHIMA CLEAN-UP can be COMPROMISED --because it INTERFERES with PROFIT!--worse than what's happening now!
    It will be a world where PROFIT TRUMPS HUMANITY! And it will be IMPOSSIBLE TO BE HEALTHY!
    It will NEGATIVELY EFFECT every CITIZEN UNDER THIS AGREEMENT!
    You must get educated on this issue ASAP--BEFORE IT'S TOO LATE!
    Under FAST-TRACK- Obama DOES have the LEGAL AUTHORITY to PASS this WITHOUT CONGRESSIONAL APPROVAL! Congress will only be allowed to vote AFTER it is PASSED, and their VOTE will be MEANINGLESS!
    The best way to stop this takeover is to STOP FAST-TRACK authority!
    You must ALSO contact your rep's ASAP, to STOP FAST-TRACK, I.M SURE OBAMA will try to get this ASAP! --MY guess is this week!
    So TIME IS OF THE ESSENCE!!
    YOU-TUBE VIDEO'S you MUST SEE!
    (200)TPP.S Corporate Takeover, Your Third Amendment Rights
    Venture Capital: Free Trade or Hostile Takeover (16)
    The Trans-Pacific Partnership- A Corporate Fascist Coup